- (1.) ALOKE Chakrabarti, J. Seeking a direction upon the respondents to admit the petitioner in M. B. A. Course in Aligarh Muslim University pursuant to the selec tion list declared on 13- 7-1997, this writ petition was filed.
(2.) THE petitioner has contended in the writ petition that he had taken degree of Bachelor of Science in Electrical En gineering in the examination of 1996 from Aligarh Muslim University and as a can didate for admission in the course of Master of Business Administration the petitioner appeared in Entrance Ex amination. A list of selected candidates was declared on 13-7-1997 wherein the name of the petitioner was duly included. On the date of admission when the petitioner contacted the office of the Proc tor of the University as well as the Depart ment concerned, the petitioner was in formed that his admission was not per mitted and, therefore, this writ petition was filed. THE petitioner also filed a sup plementary affidavit. The respondents filed a short counter-affidavit followed by a regular counter-affidavit and a supplementary counter-affidavit. The petitioner filed rejoinder-affidavit and the supplementary rejoinder-affidavit. Heard Mr. J. J. Munir learned Counsel for the petitioner and Mr. Dilip Gupta, learned Counsel for the respon dents.
(3.) THE contention of the petitioner is that even after selection of the petitioner on the basis of his success in admission test, the respondents cannot refuse admis sion. It is stated that the respondents have improved their case from time to time and ultimately their objections are three-fold though none of such objections can be accepted. It is stated that the first objection of the respondents is that when the petitioner was a student of Engineering Course in the University on an incident a first information report had been lodged and a criminal trial resulted implicating the petitioner. Though the respondents undoubtedly suspended the petitioner on 21-3-1994 from the University, such suspension was kept in abeyance by the order of the Vice-Chancellor dated 4-4-1994. Thereafter the petitioner completed his course and passed B. Sc. , Engineering in the session 1995-96 and the first objec tion of the respondents in respect of the present admission is based on the said old incident although in the meantime criminal trial has been concluded acquit ting the petitioner completely. Learned Counsel for the petitioner contended that as the said suspension had been kept in abeyance and the petitioner completed his course peacefully and the criminal trial had also ended in acquittal, the old inci dent could not be relied on any further.;